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Redrawn Toxic Regs.


The California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W).  State Supreme Court has ordered a state agency to redo To reverse an undo operation. See undo.  its fee and penalty policy for companies that fail to clean up hazardous materials.

The court, in a unanimous decision A Unanimous Decision is a winning criterion in several full-contact combat sports, such as boxing, kickboxing, Muay Thai, mixed martial arts and others sports involving striking in which all 3 judges agree on which fighter won the match. , concluded that the state Department of Toxic Substances Control had issued an overly broad interpretation of a 1989 state law requiring companies with 50 or more employees to pay a fee if they are in an industry that generates or stores hazardous materials.

In its regulations, the agency said that virtually every company either in these industries or serving these industries should pay the fee. That interpretation was challenged by Morning Star Co. of Los Banos Los Banos could refer to:
  • Los Banos, California, United States
  • Los BaƱos, Laguna, Philippines
, which supplies labor to tomato processors. Morning Star claimed that its main business had nothing to do with generating or storing hazardous waste Hazardous waste

Any solid, liquid, or gaseous waste materials that, if improperly managed or disposed of, may pose substantial hazards to human health and the environment. Every industrial country in the world has had problems with managing hazardous wastes.
. At stake in this dispute: $30 million a year in assessed fees.

The court ruled that because the agency's policy was so broad, it had to go through a formal regulatory process, with hearings, which was not done. The Department of Toxic Substances Control must now re-craft its policy and hold hearings. But companies will not be off the hook; the court did allow the existing policy to stay in effect while the new one is being drafted.
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Title Annotation:state agency to redo its toxic regulations
Author:Fine, Howard
Publication:Los Angeles Business Journal
Article Type:Brief article
Geographic Code:1U9CA
Date:May 8, 2006
Words:209
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